JUDGMENT

Zaleha Yusof FCJ:

Introduction

[1] This appeal before us relates to the following questions of law for which leave was granted on 6 July 2020:

Question 1

Whether Section 16N(2) of the Housing Development (Control and Licensing) Act 1966 (the Act) precludes the Tribunal for Homebuyer Claims (hereafter called the Tribunal) from exercising jurisdiction over a claim which is not based upon an express term of the Sale & Purchase Agreement (the SPA) or its specifications but is a claim based on the homebuyer's expectations of the unit purchased corresponding in all respects with a display model at the developer's showroom?;

Question 2

Whether the power conferred on the Tribunal under s 16Y(2)(e) of the Act to "vary or set aside" the contract confers a jurisdiction on the Tribunal to add specifications of its own to the unit purchased by the homebuyer to include a sheltered/covered balcony, which is not provided for in the SPA, and to award damages in lieu thereof, or whether the said jurisdiction is properly exercisable only to ensure that the terms of the contract are in compliance with Schedule H of the Act?;